Acts and Regulations

I-12 - Insurance Act

Section 266.96
Disposition versions

Full text
Action for declaratory judgment
266.96(1)Where judgment has been obtained against a Party Unknown, the Facility Association may at any time bring action against any person for a declaratory judgment, declaring that person to have been, at the time of the accident, the owner or driver of the automobile in respect of the operation, care or control of which the judgment was obtained, and the court may give judgment accordingly.
266.96(2)Such action may be brought in the court.
266.96(3)Notwithstanding section 266 of the Motor Vehicle Act when a declaratory judgment has been rendered under this section
(a) the person declared in the judgment to be the owner or driver shall be deemed to have been the defendant in the action in which judgment was obtained against the Party Unknown and the judgment against the Party Unknown shall be deemed to be a judgment against such person, and
(b) the Facility Association shall be deemed to have obtained a judgment against such person for the amount of all moneys paid by it in respect of the judgment against the Party Unknown and shall accordingly have all the rights of a judgment creditor, including the right to recover any money that would have been payable in respect of the death or injury under any contract of insurance that was in force at the time of the accident, notwithstanding any Act limiting the time within which an action may be brought.
266.96(4)Where the injury or death arose out of the operation, care or control of the automobile at a time when the automobile was, without the owner’s consent, in the possession of some person other than the owner, such action shall be disposed of in the same manner as though the identity of the owner had not been established.
1989, c.17, s.6; 2023, c.17, s.114
Action for declaratory judgment
266.96(1)Where judgment has been obtained against a Party Unknown, the Facility Association may at any time bring action against any person for a declaratory judgment, declaring that person to have been, at the time of the accident, the owner or driver of the automobile in respect of the operation, care or control of which the judgment was obtained, and the court may give judgment accordingly.
266.96(2)Such action may be brought in The Court of Queen’s Bench of New Brunswick.
266.96(3)Notwithstanding section 266 of the Motor Vehicle Act when a declaratory judgment has been rendered under this section
(a) the person declared in the judgment to be the owner or driver shall be deemed to have been the defendant in the action in which judgment was obtained against the Party Unknown and the judgment against the Party Unknown shall be deemed to be a judgment against such person, and
(b) the Facility Association shall be deemed to have obtained a judgment against such person for the amount of all moneys paid by it in respect of the judgment against the Party Unknown and shall accordingly have all the rights of a judgment creditor, including the right to recover any money that would have been payable in respect of the death or injury under any contract of insurance that was in force at the time of the accident, notwithstanding any Act limiting the time within which an action may be brought.
266.96(4)Where the injury or death arose out of the operation, care or control of the automobile at a time when the automobile was, without the owner’s consent, in the possession of some person other than the owner, such action shall be disposed of in the same manner as though the identity of the owner had not been established.
1989, c.17, s.6